Settlement Reached in Citibank Robocall Proposed Class Action

US District Judge Anthony J. Battaglia on June 20, 2017 granted the joint motion for dismissal filed June 19 after both parties reached a settlement for an undisclosed amount in the consumer lawsuit. The lawsuit had not yet been certified as a class action.

San Diego resident Russell Smith filed the lawsuit Smith v. Citibank NA, Case No. 3:16-cv-03007, US District Court, Southern District of California as a class action on December 12, 2016. In the lawsuit, Smith alleged that Citibank violated the Telephone Consumer Protection Act (TCPA) by placing automated calls to his cell phone and leaving pre-recorded and artificial messages.

Smith claimed that Citibank placed calls with an automated telephone dialing system (ATDS) to his cell phone while attempting to collect a debt on his closed Best Buy credit card account. Citibank allegedly placed the ATDS calls without Smith's consent, according to the complaint.

The TCPA specifically prohibits calls from companies to all wireless devices without the recipient's permission. Additionally, the TCPA prohibits companies from calling customers after the recipient of the call requests that the company cease the calls. The FCC requires private robocallers to have prior consent to use automated telephone dialing to robocall or text your cell phone.

READ MORE CITIBANK TELEMARKETING VIOLATIONS LEGAL NEWS

Citibank allegedly called Smith's cell phone two additional times after his attorney faxed and mailed a cease and desist letter to Citibank, according to the complaint. Smith claimed that he never gave Citibank permission to call his cell phone.

"Through this action, Smith suffered an invasion of his legally protected interest in privacy, which is specifically addressed and protected by the TCPA," according to the lawsuit.

The lawsuit argued that Citibank's alleged robocalls forced Smith to live without being able to use his cell phone and forced him to silence his cell phone and/or block incoming numbers.

"Smith was personally affected because he was frustrated and distressed that despite his telling defendant to stop calling his on his cell phone, defendant continued to harass Smith with calls using an ATDS," according to the lawsuit.

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READER COMMENTS

Posted byLoni Anderson
on July 26, 2017

I was my terminally ill grandson's home health nurse for three years taking a huge cut in pay and was emotionally distraught when he passed away in 2013 and missed out on a lot of work which put me behind in my credit card payments and I tried to explain my situation and they would not listen instead I was harassed several times a day every day which made my stressful situation so much worse and cause me great anxiety to the point where I had to step away from nursing for a while because I made some bad choices while I was emotionally distraught

Posted byDante
on July 25, 2017

Chase did this to me over 6 different accounts, is there a sute against them?

Posted byLiana
on July 25, 2017

They need to cut it out. They call over and over and over again

Posted byLinda Gaines
on July 24, 2017

My share of settlement

Posted byrick edgar
on July 24, 2017

I fell behind on a couple of Citi credit card and so did my wife. I was sick for a month or two and missed a couple of payments.
I told them tat I would catch up on them when I go back to work.
We receive 10 calls a night and we answer and say Hello
10 time and no one would answer on there side and they are the
one's who called us but they never answer the call they made.
to us.

Posted byRichard Real
on July 23, 2017

I have receive unwanted calls and text massages in the past

Posted byShannon
on July 23, 2017

No matter how many times a person updates their information, these companies sell it, so even with the no call registry, it's impossible to get them to stop.

Citibank, Synchrony, and Comenity have all been calling me many times at work, and at home and on my cell! I have already been contacted by a law firm about Comenity but wanted to report the other two as well. Thank you.

Posted bySusan Madrigal
on July 23, 2017

I had credit cards with citi back which I had to make a deal with Than because they kept calling and one time they said I could go to jail

Posted byTheresa
on July 23, 2017

Cheers to Smith and his Law Dogs ...

Posted byTara Levay
on July 23, 2017

I was constantly getting automated calls from them on my cell phone wanting me to switch my banking to them

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